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To reserve your seat, or to learn more, please contact Dina@abcfornetworking.com.Read More
Music is a unique industry that is comprised of many companies and individuals that strive to create and sell music. Ever thought about a Diy music career? Thos […]Read More
In a recent case, a construction company holding a signed non-compete sued its ex-employee as well as the company the ex-employee went to work for. It argued that the non-compete agreement was supported by legitimate business interests and was valid and binding. The former employee was a senior project manager with access to a lot of confidential and proprietary information and a database rich with information on customer preferences and profitability – information not generally available to the public and surely desired by the company’s competitors.
The employee, who said he had resigned when the company instituted a new compensation structure and didn’t pay him what he was owed, believed the company’s actions cancelled out his obligations under the agreement. The company, he thought, had treated him improperly and therefore lost its ability to enforce his non-compete. He was wrong. The court found that his agreement not to compete was not impacted by these other issues. The existence of any claim against the company, even if valid, would not overcome the enforcement of his non-compete.
When drafting these provisions, know that the initial threshold requirement to their enforcement can sometimes be the most difficult – is there a legitimate business interest of the employer that needs to be protected through a non-compete, such as proprietary or confidential information, trade secrets or customer lists that shouldn’t get in the hands of a third party? But even after establishing this, an employer still needs to show that the restriction being imposed is not overly broad and is only limited to those geographic areas related to the employer’s business. The terms of the agreement should also not be unnecessarily long – two years has become customary in many jurisdictions. Finally, some benefit must be received by the employee for agreeing to the non-compete. To be enforceable, a non-compete must be necessary to protect an employer’s interests, reasonable in time and scope, supported by consideration or benefit, and uniformly applied.
Non-competes in the construction industry are fact specific – one size does not fit all. For example, some employers think they can have employees sign such agreements anytime – even after they’ve been working at the company for a while. But without providing something of value in exchange, employers may end up with an unenforceable agreement. Also attempting to restrict a worker for too long or too far could result in a court finding that the non-compete isRead More
Building and launching a music career on your own takes an extreme amount of effort and dedication; however, all of it is worth it once your dream of becoming a […]Read More
This week ChaseLawyers℠ is building upon the series “Three Steps to DIY Success” for music careers. Thanks to the digital revolution, musicians no longer have t […]Read More
No enterprise can succeed without a dedicated team, and we are fortunate enough to have the very best. With folks who have been with us for many years, we continue to receive accolades from old and new clients alike for our excellent service and impressive results. We have held an AV- Preeminent rating from Martindale Hubbell, the highest available, since our founding twenty years ago, and we continue to be listed as a top litigation firm in construction by several national directories.
We work hard in making a difference and our clients appreciate that.Read More